Fort Wayne Injury and Disability Attorney Nathaniel Hubley

Recent Developments In Indiana Worker's Compensation Law When Temporary Total Disability Benefits are available to an injured worker who has been fired after sustaining the work-related injury. Under the Indiana Worker's Compensation Act , employers would typically be able to deny an injured worker temporary total disability benefits if the employer had fired the injured worker for a reason unrelated to the work-related injury. Contact a Fort Wayne Indiana Work Injury Lawyer For example, in many situations an injured worker would be off work undergoing treatment for the work-related injury and while doing so, would be receiving weekly temporary total disability benefits. These temporary total disabil ity benefits are essentially wage replacement benefits paid out at two-thirds of the injured worker's average weekly wage. However, when the employer would fired the injured worker for say failing a drug screen or for some other reason, the employer would take the p...

Under the Indiana Worker's Compensation Act, injured workers are normally entitled to three (3) different types of benefits, including: (1) medical treatment at no cost to the injured worker; (2) wage replacement benefits, commonly known as Temporary Total Disability ("TTD") benefits; and (3) compensation for any permanency of the work-related injury that is calculated by looking at the Permanent Partial Impairment ("PPI") rating assigned by the treating doctor. However, in some cases, when the injured worker's impairment is so severe that it might adverely affect his or her ability to engage in competitive employment, the injured worker may have a claim for Permanent Total Disability ("PTD") benefits. PTD claims arise when the injured worker is unable to perform reasonable forms of work activity, such as a sit down job. In determining whether there is a viable PTD claim, the following considerations are taken into account: the injured worker...

In the 2011-2012 Session of the Indiana General Assembly, Public Law 69-2012 was passed allowing D felons to reduce their past mistakes and have them entered as Class A Misdemeanors.  ( See  new I.C. s 35-50-2-7). In order to reduce a Class D Felony conviction and have it entered as a Class A Misdemeanor: 1.  The offense cannot be of a sexual or violent nature (as defined in I.C. 11-8-8-5); 2.  The offense did not result in bodily injury to another person; 3.  The offense did not involve perjury or official misconduct. 4.  At least three (3) years must have passed since the sentence was completed (if any); 5.  At least three (3) years must have passed since any other obligations were satisfied; and 6.  The defendant has no pending criminal charges. If you meet these criteria and would like to have your Class D Felony conviction reduced to a Class A Misdemeanor in Indiana    Attorney Fort Wayne Indiana . ...

Medical malpractice accounts for a least 100,000 deaths each year and possibly many more, according to various reports. The number of tragic injuries due to malpractice is even greater. Indiana is not immune from these statistics.   The medical malpractice process in Indiana is complicated and the patient has an up hill battle with the medical malpractice claim. First, the patient needs to file a complaint with the Indiana Department of Insurance stating the alleged medical malpractice. Once the complaint is filed, a panel of doctors is established which reviews the medical evidence and render an opinion regarding whether the defendant doctor deviated from the applicable standard of medical care. It is important to know that while not every bad outcome is caused by negligence, the unfortunate truth is that too often health care providers fail to adhere to the applicable standard of medical care when rendering medical services to their patients.   If you believe that y...

Overview of Indiana Worker's Compensation Benefits This Guide discusses the three main worker's compensation benefits available to workers in the State of Indiana. Generally, most worker's compensation cases will involve some form of compensation involving the three main type of benefits. 1 Temporary Total Disability Benefits Temporary Total Disability benefits, also referred to as TTD benefits are a wage supplement. These benefits are paid to employees who have sustained a work-related injury that renders them unable to work. These benefits are paid at 2/3 of the employee's average weekly wage. The first TTD benefit will be made after the first week the employee is off of work. Should the employee be off of work for more than twenty days, then the employee will receive TTD compensation for the initial week of lost work. TTD benefits are offered to the injury employee in an attempt to offset the employee's lost wages. It is important to note that s...

Written by:  Nathaniel O Hubley Attorney licensed in Indiana Booher v. Sheeram, LLC 937 N.E.2d 39 (Ind. Ct. App. 2010) Facts:  Before April of 2004, Hampton Inn had received complaints that the bathtubs in its guest rooms were slippery.  It thus contracted with Perma Safety to coat the bathtubs with a non-skid surface which complied with industry safety standards.  Booher was a guest at Hampton Inn subsequent to the coating of the bathtubs, but she still slipped and fell in a bathtub in her guest room and sustained injuries.  Booher filed suit against Hampton Inn, claiming that it was negligent in the maintenance of the bathtub.  Hampton then filed a motion for summary judgment and the trial court than granted Hampton Inn’s motion for summary judgment.    Issue:   Did the trial court err in granting summary judgment to Hampton Inn on the issue of duty to its business invitees? Holdi...

Written by:  Nathaniel O Hubley Attorney licensed in Indiana Attorney Nathaniel Hubley is a Fort Wayne, Indiana Injury and Disability Attorney. In response to mounting concerns about the reliability of VE testimony, the SSA enacted S.S.R. 00-4p as an administrative check on the broad credibility granted to VEs. S.S.R. 00-4p is essentially an administrative or "regulatory Daubert" check on the broad credibility granted to vocational experts.  Under this Ruling, the ALJ is required to act as a gatekeeper by inquiring whether the VE's testimony adheres to data found in the DOT. Although the SSA only recently enacted S.S.R. 00-4p, the ruling has already been eroded by courts. The erosion continues to occur because courts are divided as to whether the failure to inquire into DOT inconsistencies entitles claimants to relief.  In other words, if the ALJ fails to fulfill their gatekeeping duty as mandated by S.S.R. 00-4p, the question arises as to whether tha...

Written by:  Nathaniel O Hubley Attorney licensed in Indiana Attorney Nathaniel Hubley is a Fort Wayne, Indiana Injury and Disability Attorney. At the fourth of the five-step sequential disability determination, the Administrative Law Judge ("ALJ") relies on VE testimony on a limited basis; at the fifth step, however, the SSA relies heavily on testimony from the VE who forms his or her opinion after reviewing the disability claimant's records and data in the DOT. This testimony is crucial because neither the ALJ nor the claimant possess the ability to analyze the exertion or skill required by particular employment positions, because the categories in the DOT are organized in an exceedingly technical fashion.  Thus, VE testimony serves as the foundational building block of the SSA disability determination process, because, without it, a complete, accurate, and reasonable decision would not be possible. 4. The Fifth of the Five-Step Sequential Disabil...

Written by:  Nathaniel O Hubley Attorney licensed in Indiana Attorney Nathaniel Hubley is a Fort Wayne, Indiana Injury and Disability Attorney. At the fourth of the five-step sequential disability determination, the Administrative Law Judge ("ALJ") relies on VE testimony on a limited basis; at the fifth step, however, the SSA relies heavily on testimony from the VE who forms his or her opinion after reviewing the disability claimant's records and data in the DOT. This testimony is crucial because neither the ALJ nor the claimant possess the ability to analyze the exertion or skill required by particular employment positions, because the categories in the DOT are organized in an exceedingly technical fashion.  Thus, VE testimony serves as the foundational building block of the SSA disability determination process, because, without it, a complete, accurate, and reasonable decision would not be possible. The Fourth of the Five-Step Sequential Disabil...

Written by:  Nathaniel O Hubley Attorney licensed in Indiana Attorney Nathaniel Hubley practices law in Fort Wayne, Indiana. What type of deductions can an employer take out of an employee’s paycheck? Under Indiana law, there are three requirements that must be satisfied in order for a wage deduction to be valid: (1)    The agreement for the deduction must be in writing, signed by the employee, by its terms revocable at any time by the employee upon written notice, and agreed to in writing by the employer. (2)    A copy of the deduction agreement must be delivered to the employer within ten days of its execution. (3)    Only certain categories of deductions are allowed, including: a.       premiums on an insurance policy; b.      contributions to a charitable organization; c.       purchase price of bonds, securities or...

Written by:  Nathaniel O Hubley Attorney licensed in Indiana For those of us who have been involved in a car accident we know it's tough to remember what to do after the initial shock and surprise of the accident. If you are involved in a motor vehicle accident, follow these suggestions: 1 Safety precautions include: Stop your vehicle and move it to a safe nearby location; Check to see if anyone is injured; Call 911 for medical assistance; Do not leave the scene of the accident; Make sure everyone involved moves to a safe location; and If you think you are injured or think that the accident was violent enough, wait for the EMS to examine you. 2 If possible, get the other party's information, including: Name; Address (including email); Phone number(s); and Also, get the contact information of any witnesses. 3 Get the following information about all vehicles involved: Year, make, and model of the motor vehicle(s); License plate number(s); I...